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04339 - JOICE LLC SUBDIVISION TM29659 R19984
AL M�� City of Palm Springs �i, ,y�,i w G Department of Public Works and Engineering •PORP"0 '� 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 �qC/FO Rt'" Tel: (760)323-8253 • Fax: (760)322-8360 • Web:wwwa.palm-springs.ca.us February 5, 2003 Mr. David Banfer Gulf Insurance Company ''` 110 West A Street Suite 1805 San Diego, CA 92101-3706 Re: Release of Subdivision Bonds; Tract Map 29659 Joice, LLC, a California Limited Liability Company Dear Mr. Banfer: Please consider this letter the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Joice, LLC, a California Limited Liability Company, related to Tract Map 29659, have been satisfied. The subdivision securities required by the agreement may now be released. The securities currently held are as follows: • Faithful Performance Bond; Bond No. BE263309; $43,835.36 • Labor and Materials Bond; Bond No. BE263309; $21,917.68 • Bond for Maintenance and Warranty of Improvements; Bond No. BE263309; $10,958.84 • Bond for Faithful Performance, Labor and Materials for Setting Monuments; Bond No. BE263310; $2,950.00 If you have any questions, I can be reached at (760) 323-8253, extension 8744. Sincerely, Marcus L. Fuller, P.E. Senior Civil Engineer Co. Dennis Cunningham,Joice,LLC, 74140 El Paseo,Suite 4,PMB 520,Palm Desert,CA 92260 Trisha Sanders, City Clerk TR29659 file Post Office Box 2743 0 Palm Springs, California 92263-2743 DOC N 2001-085082 03/02/2001 08:00A Fee:NC Pe Recorded in Official Records County of Riverside Gary . Orso Assessor, County t Clerk 8 Recorder M 5 U PAGE sRE DH POOR NOCOR SMF MISS �I I� A R L COPY LONG REFUND NCHG EXNM SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS �C Soice, LLC and Subdivision Improvement AGREEMENT #4339 JOICE, LLC R19984, 2-2-01 F r�o�g�ri� C'afi�3 I TABLE OF CONTENTS 1 .Construction Obligations.................................................. 1 1 .1 Works of Improvement........................................... 1 1 .2 Other Obligations Referenced in Conditions of Tentative Map Approval.......................................... 2 1 .3 Intent of Plans....................................................... 2 1 .4 Survey Monuments................................................ 2 1 .5 Performance of Work............................................. 3 1 .6 Changes in the Work.............................................. 3 1 .7 Defective Work...................................................... 3 1 .8 No Warranty by City............................................... 3 1 .9 Authority of the City Engineer................................. 3 1 .10 Documents Available at the Site.............................. 3 1 .1 1 Inspection............................................................. 3 1 .12 Compliance with Law............................................. 4 1 .13 Suspension of Work............................................... 4 1 .14 Final Acceptance of Works of Improvement.............. 4 2. Time for Performance....................................................... 5 2.1 Commencement and Completion Dates.................... 5 2.2 Phasing Requirements............................................ 5 2.3 Force Majeure....................................................... 5 2.4 Continuous Work................................................... 6 2.5 Reversion to Acreage............................................. 6 2.6 Time of the Essence............................................... 6 3. Labor............................................................................. 6 3.1 Labor Standards.................................................... 6 3.2 Nondiscrimination.................................................. 6 3.3 Licensed Contractors............................................. 7 3.4 Workers' Compensation......................................... 7 4. Security......................................................................... 7 4.1 Required Security.................................................. 7 4.2 Form of Security Instruments.................................. 8 4.3 Subdivider's Liability.............................................. 9 4.4 Letters of Credit.................................................... 9 4.5 Release of Security Instruments.............................. 10 5. Cost of Construction and Provision of Inspection Service.......................................................................... 11 i II I II II I III I 111111111111111111111111111 II 93 GAa 2 of IS 10SG 0fl 5.1 Subdivideresponsible for All Related Costs oo Construction......................................................... 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 6. Acceptance of Offers of Dedication................................... 11 7. Warranty of Work............................................................ 11 8. Default........................................................................... 12 8.1 Remedies Not Exclusive.......................................... 12 8.2 City Right to Perform Work..................................... '12 8.3 Attorney's Fees and Costs...................................... 12 9. Indemnity....................................................................... 12 10 General Provisions........................................................... 13 10.1 Successors and Assigns......................................... 13 10.2 No Third Party Beneficiaries.................................... 13 10.3 Entire Agreement; Waivers and Amendments........... 13 11 . Corporate Authority........................................................ 13 ii II I III III III II II I I II III II IIIII!II II 00 2 3r00£ 0 3L00R SAVISION IMPROVEMENT AGREENOT THIS SUBDIVISION IMPj3QVEMENT AGREEMENT (this "Agreement") is entered into this_'` day 2001 , by and between the CITY OF PALM SPRINGS, a municipal corporation Af the State of California ("CITY"), and Joice, LLC ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 29659 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to City the easements shown on the Map as Lot "A". City desires to accept the easements shown on the Map as Lot(s) "A" for emergency use and utilities, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1 . Construction Obligations. 1 .1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised frorn time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $43,835.36. 1 II I I II I I II I I II II II I I II O, 02 �fS�R`a0H 1 .2 Ot*Obligations Referenced in Con*ns of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit "A" hereto. 1 .3 Intent of Plans. The intent of the Plans referenced in Section 1 .1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1 .4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said ronument(s). 1 .5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1 .6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or 2 III II II I III I I II II III II 33 g0icf isCa F Subdivider's cor*ctor in writing (by CorrectionOtice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1 .7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1 .8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1 .9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1 .10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1 .1 1 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1 .1 2 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of I 3 III I I II III IIII III II III II II IIIIIII I I III 03 2��6 of 018�e+aR Improvement to Wompleted in accordance with a0her applicable federal, state, and local laws, ordinances, rules and regulations. 1 .13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1 .11 . In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1 .14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement nine (9) months after the Commencement Date. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1 , City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfies. Prior to issuance of building permits, 4 II I I II I I II I I II II I II II II ©s U2,21301 18 8 G&A Subdivider shall wide satisfactory evidence that applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1 , Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreaae. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.1 1-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. I 5 II II II I III I I II II III �I II 2 /sI �3 i GI 088 I �2 zadi c� eAA 3.2 Nolacrimination. Subdivider agre4hat no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $43,835.36 estimated construction costs listed in Section 1 .1 . (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and materials Security Instrument") with respect to the Works of Improvement in an amount equal to $21 ,917.68 of the estimated construction cost referenced in Section 1 .1 . (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1 .4 in the amount of $2,950.00 of the estimated monumentation cost. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. I 6 I III II II !I III I I III IIIII II R I IIII 6n102120 f 08-UOR (b) Oguired Security Instrument for M*enance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted far a period of one (1 ) year following said acceptance ("Maintenance and Warranty Security Instrument"), with the amount of such Security Instrument to be equal to $10,958.84 of the estimated construction cost set forth in Section 1 .1 or a suitable amount determined by the City Engineer, 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). 7 III II II I III I I II II III II 32290 og IR F 1 0ii) Each Security Instrument shave a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1 ) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 8 II II II ! III II II II IIII IIA II 2�111 of118 R 4.5 Releatof Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 31 14) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, 9 I III I I I III II III I II II II IA II F33r'2�1©I�f0 18 8 60R including withou0nitation, charges for applicableonalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1 ) year frorn the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1 ) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, 10 I llllll llllll lull lull llll lllllll 111111111111111111111 ^/02/2 GI 088 OOR including costs A and reasonable attorney's fees. *e event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11 . Corporate Authority. The persons executing this Agreement on behalf of the parties hereeto warrant the (1) such party is duly organized and 11 111111111111111111111111111111 HIM 1111111 �'�146f 18 r]r]fl existing, (ii) they4k duly authorized to execute and ever this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 12 IN WITNESS WOEOF, the parties hereto have e*uted this Subdivision Improvement Agreement as of the date first above written. DATED: z I 2-3 I ATTEST: /) CITY OF PALM SPRINGS, CALIFORNIA Patricia A. Sanders, City Clerk iavilady, Ci y�P61 r ager APPROVED AS TO FORM: �a City Ttorney CONTRACTOR: (Check One: idual, partnership corp ion) �✓ _SC (Notarize Signature) By: n rint N e and ' ie , �KjE 4-L L (Notarize Signature) B Print Name and Title/it,,4rlAejy P-0115rz_ � S Gated Mailing Address: �aQnnt n . 4i CA `{ 2Z By'rHE 7-7 ..e.T_ 13 �111111 HIM 1111111111111111111111111111111111111111111111 16of ISOdR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yrcrcrcrtiY'-crr�r��'.crcrcr,�:.crcrcr�.�r.�'�r.�r,�rcry'�r„�rer�c.�r,Grcrcrcrcr.�rcr,�r,�t.�r,�r,�r,�c>�r,�.f�,4.�. y� State of California ' ss. I County of Riverside i On $ before me, Margot C. Desrosiers Notary Pnblir onto Name and Title of Under(e a "Jane noe Nolary Public'J personally appeared / Natne(s)of Signers) ❑ personally known to me �4'proved to me on the basis of satisfactory evidence to be the person( whose name( is{ara subscribed to the within instrument and acknowledged to me that he{ 'y executed the same in his/her;hfr authorized MARGOT C. DESROSIERS capacityl and that by his/VmrI Conwril#1265935 signature("}on the instrument the personN, or NotmyKow-Cdlfarnia the entity upon behalf of which the personN Riverside cow* acted, executed the instrument. My Comm.50res Jun 2 ZOl)4 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date. Number of Pages: I Signer(s) Other Than Named Above: I� Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual von of Numb Lore ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ TrusteeI ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I' 01999 National Nolary Association•93K De Solo Ave,PO B K2492•ChaLwmlh.OA91313-2492-w natlonalnotarymg Prot No 5997 Rmmer:Call TOIL Free 1-8998766827 III 1� II I III II II II�11 II �� et t17 of ISEOn x BOND NO: BE263309 IS�D IN FOUR COUNTERPARTS 0 PREMIUM: $658.00 CITE' OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and JOKE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (herein designated as "Principal",) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated L_, and identified as project TWIN PALMS TRACT 29659 is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of FORTY THREE THOUSAND EIGHT,HUNDRED THIRTY FIVE AND 36(1061lars ($43,835.36) lawful money Of the United .States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Page 1 of 2 Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duty executed by the principal and surety above named, on 01/04 mop, GULF INSURANCE COMPANY Principal Surery Attorney-in-FaCt DAVID C. BANFER Page 2 of 2 STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} ON O1/04/2001 before me, M. Givens, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the Stale of Missoun,having its principal office in the city a Irving, Texas,pursuant to the following resolution,adopted by the Finance&Exxecubve Committee of the Board of Directors of the said Company on the Ran day of August,7993,town' "RESOLVED, that the President. Executive Vice President a any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-m-Fact.such persons,firms,or corporations as may be selected from time to time:and any such Attorney-m-Fact may be removed and the authority granted him revoked b• the President,a any Executive Vice President or any Senior Vice President,a by the Board of directors a by the Finance and Executive C;mmidee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the altorney(s)-m-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company" Gulf Insurance Company does hereby make,constitute and appoint David C. Banfer its true and lawful attorney(s)-m-fact,with full power and authority hereby conferred in rts name,place and stead,to sign,execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertak rigs of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as If any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed Three Million and 00/100------------------------�$3,000,000,0ldollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to he hereto affixed. •WSJ RANCe,C° GULF INSURANCE COMPANY jO�°+PPAL � JLl1 t �' Ssols Lawrence P. Miniter STATE OF NEW YORK SS Executive Vice President COUNTY OF KINGS On this 15 th day of November ,2000 A.D.,before me came Lawrence P. Miniter,known tome personally who being by me duly sworn,did depose and say; that he resides in the County of Bergen,State of New Jersey, that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. J14 JgFF �� O?OTgS'.c9 David J a STATE OF NEW YORIC 1} m Y Notary Public.State of New York COUNTY OF NEW YORK J SS y�FAf _o ified 34 n K No. in Kings C Qualngs County Commission Expires December 30.2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company,a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY refrains in full force. Signed and Sealed at the CitySoawNcg of New York. °�Po`a c°fie Dated the 4TH day of JANUARY 20 01 / U F ysSpOP Geor a Biancardi II02s-BI (7/2000) Senior ice President BOND NO• 263309 ISSUED IN FOUROTERPARTS PREMIUM LUDSD IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and JOICE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19, and identified as project TWIN PALMS TRACT 29659 is hereby referred to and made a part hereof: and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of*TWENTY ONE THOUSAND NINE HUNDRED SEVENTEEN AND 68/100 dollars ($21,917.68*** ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under 'I'ide 15 (conmtencino with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page I of 2 Labor and Materials Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on JANUARY 04 , 4 2001 GULF INSURANCE COMPANY Principal Surety '�—a�_ - - Attorney-in-Fact DAVID C. aANFER -- Page 2 of 2 STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} ON 01/04/2001 before me, M. Givens, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - Signature L/- � / 7 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLAND) GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the Stale of Missouri,having its principal office in the city of Irving, Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 70th day of August,1993,to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Pourer of Attorney constituting as Attorney-m.Fact,such persons,firms,x corporations as may be selected from time to lime:and any such Attorney-m-Fact may be removed and the authority,granted him revoked byy the President.a any Executive Vice President,a any Senior Vice President,a by the Board of the a by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the are ney(s)-in-Fact to sign,execute.acknowledge,deliver or otherwise issue a policy a policies of insurance on behalf of Gulf Insurance Company." Cuff Insurance Company does hereby make,constitute and appoint David C. Banfer its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed Three Million and 00/100------------------------03,000,000.00**' dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. upANeF Pvoa"°oQ GULF INSURANCE COMPANY SEAL 0 STATE OF NEW YORK l s5o P Lawrence P. Miniter COUNTY OF KINGS J SS Executive Vice President On this 15 th day of November ,2000 A.D.,before me name Lawrence P. Miniter,known tome personally who being by me duly sworn,did depose and say;that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument;that he knovrs the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. J10 Jq,c� QP OT y �' �'� David] a STATE OF NEW YORK Y Notary Public,State of New York SS 9 A G No.02IA4958634 COUNTY OF NEW YORK �F (e Qualified in Kings Count O g Y F N Commission Expires December 30.2001 I, the undersigned, Senior Vice President of the Gulf Insurance fainpany,a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. -- '- Signed and Sealed at the Cityof New York. Sxi FANpE - oapoq,rcioyq Dated the 4TH day of SANUARY 20 01 5 ° F s`'jOP\ George Biancardi 6oz6-BI (7/z000) Senior Vice President BOND r BE263309 ISSUFON FOUR COUNTERPARTS PREMIMINCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and JOICE, LLc A CALIFORNIA LIMITED LIABILITY coMANY (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 19, and identified as Project TWIN PALMS TRACT 29659 is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1)year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and GULF INSURANCE COMPANY as surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed.in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of*TEN THOUSAND NINE HUNDRED FIFTY EIGHT AND .84/10OTH8* DOLLARS (S10,958.84** ), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or 'for amounts due under the Unemplo-\ment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, Our heirs. successors, executors and administrators,jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Aide, so as to give a right of action to them or their assigns in any suit brought upon this hond. Pare 1 of 2 • • The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship and martials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the Cit_v of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation hecomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees thar no change. extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the s:une shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such Change. exten�ion of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety above named, on JANUARY 4 W 2001 GULF INSURANCE COMPANY Principal Surety Attorney-in-Fact DAVID C. BANFER - - Pa LTe 2 of STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) ON 01/04/2001 before me, M. Givens, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company.a corporation duly Organized under the laws of the Stale of Missouri,having its principal office in the city of Irving, Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 101h day of August,1993,to wit: "RESOLVED. Ihat the PrmdenL Executive Vice President x any Senior'rice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-m-Fact such persons,firms.Or corporations as may be selected from time to time;and any such ALlorney-in-Fact may be removed and the authority granted him revoked byy the President.a any Executive Vice President or any Senior Vice President.a by the Board of Direaors a by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attaney(s)-in-fact to sign,execute.acknowledge,deliver a otherwise issue a policy a policies of insurance on behalf of Gulf Insurance Company" Gulf Insurance Company does hereby make,constitute and appoint David C. Banfer its true and lawful attorney(s)-in-fact.with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bands,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact.pursuant to the authority herein given, are hereby ratified and confirmed. The obligation Of the Company shall not exceed Three Million and 00/100------------------------($3,000,000.00**jd0ars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. PRANCE e y�SnPeOg1le0,; GULF INSURANCE COMPANY J O ' SEAL yrgSOdP` Lawrence P. Miniter STATE OF NEW YORK SS Executive Vice President COUNTY OF KINGS On this 15 th day of November ,2000 A.D.,Wore me came Lawrence P. Miniter,known tome personally who being by me duly sworn,did depose and say;that he resides in the County of Bergen,State of New Jersey, that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. 01700D,� ol�r �/ DJ aSTATE OF NEWYORK Notary Public,State of New York 34 COUNTY OF NEWYORK J SS No.Oin Kin s CQualified in Kings County Commission Expires December 30.2001 I, the undersigned, Senior Vice President of the Gulf Insurartcx-C'omipan y,a Missouri Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY retrains in full force. — - Signed and Sealed at the Cityof New York. uaanc,` .��' eCg oo Dated the 4TH day of SANUARY . Zp 01 SEAL yIssodP / ieore�e Biancardi 802s-BI (T/200o) Seniorice President B NO: BE263310 ISSUED IN F COUNTERPARTS PWUM: $100.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE. LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and JOICE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal") have entered into or are about to enter into, an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated 19_, and identified as Project TWIN PALMS TRACT 29659 is hereby referred to and made a part hereof, and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and GULF INSURANCE COMPANY as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors. laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of 'TWO THOUSAND NINE HUNDRED FIFTY AND 00/100THs' DOLLARS ($ 2,950.00" ), lawful money Of the United States, for materials furnished or labor thereon of any kind, or For amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code. so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and perForined at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided Page 1 of 2 to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcina such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety above named, on JANUARY 4 M Z,001 CULF INSURANCE COMPANY Principal Surety f J Attorney-in-Fact DAVID C. BANFER eng\furinvUnnhomn bnd Pa,ae2 of STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} ON O1/04/2001 before me, M. Givens, personally appeared David C. Banfer,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Missouri,having its principal office in city of Irving. Texas,pursuant to the follming resolution,adopted by the Finance&Executive Commiure of the Board of Directors W the said Companyon the 10th day of August,1993,to wit: "RESOLVED, that the President. Executive Vice President a any Senior Vice President of the Company shall have authority to make, execute and deliver a Pater of Attorney constituting as Attorney-m-Fact,such persons,firms,a corporations as may be mimed from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked byy the President,a any Executive Vice President or any Senior Vice President.or by the Board of Directors or by the Finance and Executive Committee of the Beard of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge.deliver a otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company." Gulf Insurance Company does hereby make,constitute and appoint David C. Banfer its true and lawful attarney(s)-in-fact with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed Three Million and 00/100------------------------j$3,000,000.00** )dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �S�pANCE C° GULF INSURANCE COMPANY JG°PPOg1ret` ; SEAL so qi� Lawrence P. Miniter COUNTY OF KINGS STATE OF NEW PORK SS Executive Vice President On this 15 th day of November ,2000 A.D.,before me came Lawrence P. Miniter,known tome personally who being by me duly sword,did depose and say;that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. 0-7� rb/A n„ - LI vvv lll"`v""""`�"111"""DJ aSTATE OF NEWYORK Notary Public,State of New York SS No.O'LJA4958634 COUNTY OF NEWYORK Qualified in Kings County Commission Expires December 30.2001 I, the undersigned,Senior Vice President of the Gulf Insurance,Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. / Sae Dated the 4TH day of JANUARY ZO 01 Does -try, 7 C/'SEAL rr ,J 8026-Bi (z/z000) xssO�a t GeorQe Btancardi Senior Vice President